Industry Update - November 30, 2020

[1] Rig Count Overview & Summary Count as of November 25, 2020, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited Nov. 30, 2020); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited Nov. 30, 2020) (follow “Rigs by… Read more

Industry Update - November 23, 2020

[1] Rig Count Overview & Summary Count, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited Nov. 20, 2020); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited Nov. 20, 2020) (follow “Rigs by State – Current and… Read more

Industry Update - November 13, 2020

  [1] Rig Count Overview & Summary Count, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited Nov. 13, 2020); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited Nov. 13, 2020) (follow “Rigs by State – Current and… Read more

Texas Supreme Court to Review Boundary Dispute

By: Hayley S. Murray The Texas Supreme Court has agreed to review the Thirteenth Court of Appeals decision in Ellison v. Three Rivers Acquisition LLC, 2019 WL 613262 (Tex. App.—Corpus Christi, 2019). At the time of his death in 1925, J. D. Sugg was the owner of a 640-acre tract of land in Irion… Read more

Texas Supreme Court Hears Oral Argument In Continuous Development Case

By: Paul B. Westbrook On September 16, 2020, the Texas Supreme Court heard oral arguments in the case of Endeavor Energy Resources L.P. v. Energen Resources Corp. and John Thomas Quinn, 18-1187. The two issues on appeal are (1) whether the court of appeals properly construed the retained-acreage… Read more

HFB Argues Royalty Deductions Case Before The Texas Supreme Court

By: Paul B. Westbrook  On September 17, 2020, HFB appellate specialist Russell Barton appeared in oral argument before the Texas Supreme Court in the case of BlueStone Natural Resources II, LLC v. Walker Murray Randle, No. 19-0459. The two issues on appeal are (1) whether an addendum to an oil and… Read more

Jones Energy v. Pima: The Importance of Order

By: Megan R. Knell  On a number of occasions, courts have emphasized that words matter.  The court in Jones Energy, Inc., et al. v. Pima Oil & Gas, L.L.C. took it a step further.  While the Amarillo Court of Appeals took into account the words used, its analysis focused more specifically on… Read more

Five Star Royalty Partners, Ltd. v. Mauldin: More Guidance on Deed Interpretation

By: Shawna R. Rinehart In Five Star Royalty Partners Ltd v. Jack Mauldin Jr., et al., the court was tasked with interpreting a 1927 deed (the “Deed”) to determine whether the grantee received a mineral interest or a royalty interest in over 5,000 acres in West Texas.  In doing so, the court… Read more

Trump Administration Rescinds Methane Rules

By: Timothy L. Thorne The Trump administration recently finalized a pair of regulations aimed at rolling back the Obama administration's 2016 New Source Performance Standards, which control methane emissions from new and modified sources in the oil and gas industry. Under the rules affected, the… Read more

Royalties and a ‘Proceeds-Plus’ Provision

By: Caroline K. Featherstone  In the recent case of Devon v. Sheppard, the Texas Court of Appeals addressed a highly unique royalty provision. The lease at issue provided that the royalty could be calculated based on a percentage of Devon and BP's gross proceeds from the sale of minerals produced… Read more

U.S. Forest Service v. Cowpasture River Preservation Association: Atlantic Coast Pipeline Gets Green Light

By: Hayley S. Murray  In a recent Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Association, the Court was faced with the interaction of several federal laws governing certain agencies’ authority to grant use of public lands. In 2017, Atlantic Coast… Read more

Federal Court Rules Sunoco Owes $150 Million for Late Royalty Payments

By: Shawna R. Rinehart The court in Cline, et al. v. Sunoco, Inc. (R&M), et al. recently ruled that Sunoco, Inc. owes $150 million to the class action plaintiffs, consisting of more than 50,000 Oklahoma royalty owners, for purposely failing to pay interest on 1,596,945 late royalty payments… Read more

Hlavinka v. HSC Pipeline: A Win for Landowners

By Megan R. Knell      Landowners achieved another victory in the recent case of Hlavinka v. HSC Pipeline Partnership, LLC, in which the court revisited the pipeline company’s “common carrier” status based on the reasonable probability test established in Texas Rice and also the valuation of the… Read more

Take It or Leave It: Gathering Agreements in a Post-Sabine World

By Megan R. Knell and William G. Bredthauer Gathering agreements have long been a staple in the oil and gas industry.  And, for decades, these agreements and the dedication provisions within them were construed as covenants running with the land.  As a result, the ruling in Sabine Oil & Gas… Read more

Back to Basics (Banker’s Edition): Forbearance Agreements

April 24, 2020 By Paul D. Bradford and Merrill E. Jones Because defaults, bankruptcies, or other distress may occur in the current oil and gas price environment, we wanted to discuss Forbearance Agreements. Forbearance Agreement: A Forbearance Agreement is a written agreement by Bank to refrain… Read more

Back to Basics (Banker’s Edition): Perfection of Oil and Gas Collateral

April 17, 2020 By Paul D. Bradford and Merrill E. Jones Because defaults, bankruptcies, or other distress may occur in the current oil and gas price environment, we wanted to highlight some key concepts related to perfection. Perfection of Liens and Security Interests in Oil and Gas Collateral… Read more

Back to Basics (Banker’s Edition): Cash and Production Proceeds

April 14, 2020 By Paul D. Bradford and Merrill E. Jones Because Borrowing Base deficiencies or other distress are likely in the current oil and gas price environment, we wanted to highlight some key concepts related to cash and production proceeds. Cash is King: Typically, the Bank’s term sheet… Read more

Back to Basics (Banker’s Edition): Mortgage and Title Coverage

April 9, 2020 By Paul D. Bradford and Merrill E. Jones Because the upcoming Borrowing Base season promises to be memorable, we wanted to highlight some key concepts related to mortgage and title coverage and Borrowing Base deficiencies. Required Mortgage and Title Coverage: Typically, a Loan… Read more